billion dollar lifeline. you can bet george soros is miling today. melissa: another member of dimon's inner circle leaving for one of the clients, and questioning washington's priorities, congress acting quickly to remedy long waits at the airport. what about the unemployment lines? the "wall street journal's" steve moore is here on that. >> again, a very good afternoon, everybody. get you updated on the marks. nice rally underway. like every 15 minutes, to the floor of the new york stock exchange. what are the drivers, nicole? >> just about everything. a weaker dollar, gains across the board, names in utilities and financials and consumer names, lori and myless is a, whether it's multiyear highs or all-time highs, plenty of up arrows, momentum doing well despite the fact of the mixed

economic news like consumer spending. i wanted to look here, there is major averages for you, the tech heavy nasdaq, best of the bunch up a full percentage point, and there's a look at boeing, dow component, boeing, the ethiopia airlines, as planned, got the 787 dreamliner back to commercial service over the weekend. this is a very big deal, to nairobi and kenya and that was successful. big news for boeing as well, but big picture, continue to have momentum and will be watching to see whether or not we break out with new closing highs, back to you. lori: wouldn't that be nice. thank you so much. melissa: blackberry down to business, the long awaited keyboard model phone, q10 # flying off the shovel in the u.k. debut, set to sell in canada wednesday. when in the u.s.? the ceo joining me from the milken institute in los angeles, and that's certainly the number one question, when can we expect to see that phone here in the

u.s.? >> i know that there's a lot of people waiting for this. right now, we're targeting for end of may, delivery and launch in the u.s.. melissa: just this morning, rbc capital raised estimates for sales of both devices to 2.75 million from 2 million previously. what's the reaction to that number? >> yeah, i mean, i'm excited about that. we see that selling already well. we have to crank up production a few weeks ago, as i said, earlier, and now the q10 is strong and exciting launch in the u.k., so, i mean, we're really excited of where we are in this. there's still a way to go, but initial signs for both products are extremely exciting for our company. melissa: does two and three-quarters million feel like a high mark to you or about where you think you might be? >> i mean, we have our own numbers that we look at so that we certainly have high expectations against the q10

with the keyboard that people are really waiting for. we can sell internet stock based on 70 million, so now run that, upgrade cycles and corporations with consumers, so we are looking for exciting numbers. melissa: okay. i'm taking that you will not share what the exciting numbers that you are looking for are? >> that is a fair statement. melissa: okay, all right, fair enough. the number one question i have from viewers as i told people all weekend that you were on the show is they want to know when you take back market share? if you look at smart phone subscriber market, february to last february, in 2012, you had 13% of the market, but in 2013, you only had 5.4%. can you take back market share and how much with the new phones? >> i think this is a discussion about the average temperature in a hospital, actually. you have to understand that we are a certain segment of blackberry that we're trying to

target here, hyperconnected, multitasking receiver people; right? that have to get stuff done. that's segmentation in the market. i'm interested in the market share in the segments where i play with these products. that's what i'm looking at. i'm not in the 69, under $20 product as i said before. in that segment that we're targeting, we have quite inspirations because we want to be back with the business pros, back with the achievers, the blackberry people. melissa: okay. you got into a bit of a fight recently with an analyst that was trying to drill down on numbers, fenton made a comment that the z10 smart phone, customers gave them back to the point where returns exceeded sales in some cases. that comment irked me, and you asked the fcc to invest gait. in order for them to investigate, you have to allege fraught. you're saying this analyst intentionally said something that was untrue, trying to

manipulate stock prices. is that what you think happened? >> i mean, we are in the middle of the process to work with fcc and the regulators on this very specific case. i mean, mathematically, basically, profits of higher returns than sales; right? i don't know what the data set is. we are on it, working with the authorities here to get the data set, and we'll take it from there. we're in the middle of that process, but, certainly, what i can tell you is that the return rates we have are absolutely in the range of what you would expect, in the range of the interest group. melissa: what is average? because other amists responded to this saying if you feel like, you know, what he said was incredibility, tell us what the turn rate is. >> i mean, we have the statement from our very valued customers, verizon, saying it is within the range. we do their measurements, we do our measurements so we have the data. i leave it to the process we run

with the authorities, not to discuss details on that matter. i will not do this in public as you might understand. melissa: you don't want to say what the range is? are they, in some cases, exceeding sales, or are they not? >> return rates cannot exceed sales? how would that work? you have to return more devices than you ever sold. that's matmatically impossible. melissa: a current period in time, you could have more devices coming in than going out. certainly, that's possible. >> sure. yeah, but that is the rate versus return rate. we are watching this on a weekly basis, the carrier, and as i said, and as verizon said publicly, it's within the total expected range of return. melissa: okay. your expectations for this gone going forward, do you think the q10 will be more popular than the z10? what's the response from consumers having a keyboard versus having all touch screen? i know one of the things that people, like myself, i mean, i

have stuck to my blackberry all this time because i have a hard time typing on a touch screen. what is the winner in the long run of the two devices? >> i think they will have both life in the industry. the industry segmented to different factors. that's why we have the touch devices and other devices. people who love the typing, the key pad, the physical key pad, extended the screen so the screen is larger than the bold 9900, and from that perspective, we're trying to get really as close a grade, beth of both experiences as we can. and we have great people, you talk about the u.k. launch, unexpected in terms of numbers and lineups in front of the shop. good thing overall for us. melissa: i've a a blackberry forever. excited to see it. thank you for coming on. >> thank you, thanks for having me, appreciate it. lori: great stuff. so, also today, goldman sachs tossing jcpenney a lifeline in

the form of a $1.75 billion loan. adam's in the news room with details. give us perspective. how much does it help them being under serious duress? >> i could give you 1.75 reasons why it's good. the ceo, ceo before, in charge again, they all said that jcp, jcpenney, faced a cash problem, so they shored up the rereceivers, look at the quote from the chief financial officer saying this one and three-quarter billion line of credit is, quote, will give us the financial strength we need to meet our current funding requirements. now, as we look at video of jcpenney stores, this loan is secured, mostly, we're told, by their vast real estate holdings and other assets. i keep checking for the aq to see what other assets are on the line for this, not posted yet, but in addition to this line of

credit, this is a company taking on a lot of debt, $850 drawdown from a line of credit they have from jpmorgan chase and wells fargo with a billion dollar line of credit lined up with bank of america, so they are replenishing the inventory, have the cash to go forward, and the big concern, as i wrap it up, analysts had for jcpenney prior to this was the cash problem. consumer spending up in march, that was because we spent more for heating. analysts were worried that jcpenney's going to ignite a competition war in which they will be slashing prices, and that may not bode well for the company. back to you. lori: at least the share prices are better. adam, thanks as always. the u.s. government is still bossing around general motors. the treasure department's freezing the salary of the ceo and refusing requests for raises for top 12 executives.

they can review and revise compensation for the top 25 executives as a condition of the $49 billion bailout back in 2009. well, fewer of you check and update your status, facebook losing millions of visitors each month in the u.s. and europe. other social networks gain ground. facebook lost 6 # million visitors in the u.s. and 1.4 million in the u.k.. will it hit facebook's bottom line when they report earnings after the bell on wednesday. a top executive at jpmorgan, the company's co-coo is the latest to step down joining several other executives who left jpmorgan since the firm's multibillion dollar trading loss. he's not a household name, clearly, but well known been j pmorgan as a fixer of operational problem and close aid of jamie dimon. >> nope as "mr. fix-it," goes

all the way back with jamie to citi days, swooped in to fix a lot of problem, and they have been teammates for a long, long time. this opens up questions about how many defections are going on, especially the operating committee. lori: what was the role and aftermath in the trading loss with him? melissa: he was the chief operating officer, right now, co-chief operating officers, and he was someone who came in to clean up a lot of messes, mortgage mess and ect. so i think that's something he had no involvement with, but certainly, the whole bank is reeling in the aftermath. lori: interesting. melissa: consumer alert involving 50 million online shoppers, which popular website is scrambling to get the warning out. lori: what has traders second guessing. melissa: disney, "iron man 3" dominating the overseas box office. lori: look at metals as we head to break. another check for you.

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melissa: back to the markets, phil flynn is standing by, and nicole on the floor of the new york stock exchange. gold rebounding, what's going on? >> you bet ya, so much for the bear market, the bulls are back with the dollar in the euro. markets convince there's going to be mario cutting interest rates in the eurozone leading to a rally in the euro, a break in the dollar. that's not holding up now. we are pulling back off the highs, but there's a physical story in the gold market as well. physical buying of gold is off the map. there's shortages, not only here in the u.s., but in places like switzerland and others. people can't get hands on that gold. lori: talk about planting, especially with the rain and cold in the midwest impacting.

>> oh, you bet ya. lori: so bullish on corn? >> it's popping right now, biggest jump in six months price-wise. it's about the rain and cold. they expected to plant the record crop this week. that may not happen. the sub soil temperatures so important are too cold to plant corn. the record crop we thought we had on corn may not happen with the worst start of planting so far since 2009. lori: hope it's not another round of food inflation. we'll see, i suppose, thank you, phil. >> thank you. lori: the equities market, back to the floor of the stock exchange, and, nicole, disney with a new high today. >> oh, yeah, did he say "corn's popping"? very cute, phil, very cute. iron man helping disney, hit an all-time high over 20 times this year. appraisal, alone, a seller for disney, again, up 2% today, so full throttle there.

they even surpassed the avengers with "iron man 3", and "the avengers" was a worldwide hit grossing $1.5 billion. you have buy ratings with a $72 price target, ubs and lazar. good news there for disney. i wanted to look, also, at lowe's. we talk about lowe's, we're talking about the lowe's pertaining to hotel energy. they also have financial services, conglomerate, reporting a 34% drop in the numbers. the stock virtually flat at the moment with higher charges and sharp fall in investment incomes where it dropped from to 5 million from 50 million from investment income. that's tough. back to you. lori: thank youings nicole. melissa: time to make money with charles payne looking at technology with stock price pick ibm. >> ibm. back off what phil said thursday. it's almost a fore gone conclusion they cut, but the street's lacking for 50 basis points or hoping for it, why

goal is moving. it's a fore gone conclusion. there are four companies i call "never sell," in other words, if you do a portfolio, never sell, ibm, mcdonald's, nike, and boeing. there's global competition, and never sell. if it's not in the portfolio, particularly, looking at a conservative portfolio, two times sale, 3.40 diff dividend, it's sloomly, brake nations, but if you take back what's holding them back is hardware, and selling the service division, also going to get rid of people, unfortunately, but that's going to save them money. this is one of the stocks that took a hit, and i think now is the time for people who want something conservative and want to sleep at night, this is one of those names. lori: ibm making a chunk of the dow gains today. it's considerable. given that, stick with it? >> stick with it.

the earnings miss last week was a shock because it was the first time since 2005 so, yeah, we got a little bit used to them not, you know, having a loss or coming in with that kind of a number, but, again, they had deals, particularly in yiewmp that were pushed out, only 22 # deals worth 100 million only. a lot pushed out, ultimately, the majority comes in, just one of the names, i think, for people who are just looking for a nice dividend, want equity exposure, but down sides. melissa: i like the list. boeing is one that people worried about, gism, you know, all the problems they had with the 787, and low and behold, the stock price held in, and they are back up in the air. >> it's a wonderful thing just to have one rival. 5 trillion in new planes over the next 15-20 years, 5 trillion? that's a huge pie. lori: boeing with air bus? >> they flip-flop and dispute the numbers or how to weigh them. they are both number one in

their minds. melissa: thanks so much. lori: why not. happy listing for america's small businesses, the pushback against the internet sales tax. melissa: major hurnlings blaming affordable care act raising premiums by 25%. look at how the dollar is fairing today, the dow up 100 appointments, not surprising that the currency is weaker across the board. we'll be right back. ♪

>> 24 minutes past the hour, i'm lauren green with the fox news minute. urging syria to allow a team of experts into the country to access allegations they used chemical weapons, ban ke moon said it's crucial to start the fact finding mission without delay. in prague, they search for people who may be trapped after this monk's explosion. 55 people in the blast that

collapsed the office building in the center of the czech capitol. the natural gas leak is the suspected cause. jason collins announced he is gay. coal lips is the first active professional athlete in any of the four major sports to make that announcement while still a player. collins played for six nba teams in the 12 year career, most recently, the washington wizards. those are your headlines. back to you. melissa: good for him, thank you, lauren. okay, the senate gearing up to vote on a bill to raise the amount of sales tax you pay next time you shop on line. jeff flock is with an online retailer in wisconsin. if it passes, it could be complicated for online companies. >> it's a tremendous burden to some of them. you know, the big ones don't care so much, but nick, a big guy, he cares because you do business in all 50 states was correct? >> correct. you don't collect sales tax.

some say it's not fair. >> we collect tax in the state of wisconsin from profit making corporations. we don't collect from certain nonprofits. >> this bill forces you to do that, forces you to collect from for-profit organizations in all 50 states, look at the top on line retailers, these guys are largely not caring about this because they do business in each of the states so they already collect it. >> and they have to be there. they have retail stores in many cases, and they are used to filing those reports, and they are huge organizations. >> how big, oh onerous is it for you? you have maybe 9,000 taxing organizations around the country. >> it's already onerous, just doing wisconsin because in wisconsin, we're doing a special tax for dane county, a special tax for the -- >> you'd have to do this for everybody -- >> just for lamb field there's a special tax. now we'll have to do it in municipalities across the

country. 9,000 of hem. >> this is a small business, not a tiny business, lori, but they make name tags and lanyards. this is not an amazon, but putting the staff on to collect from 9,000 different taxing bodies, not going to be easy. lori: all right, phil, thank you. sorry, jeff. i was reading a note about phil. you know, you're both midwest guys. melissa: both handsome. lori: absolutely. melissa: thanks so much. jeff. waiting on airline lines trumping unemployment lines. steve moore joins us to refocus washington's priorities. thank goodness. that's ahead. lori: imagine someone stealing your key and finding out where you live. 50 million at risk after a popular online deal site is hacked. melissa: look at who is up and

down on the dow now. ibm leading the way, we talked about that, charles payne saying it's a never-sell stock. well, look at it. ♪ . . why are 8 million people sleeping better tonight?

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melissa: you can see the big board right now trading higher. it is up triple digits, 10 points. i might be jinxing it. you saw it give away a point as i was talking. let's move on to stocks. every 15 minutes we head to the floor of the new york stock exchange. nicole petallides is standing by and you have a big winner for us. >> i do indeed. we'll take a look at a name in the health care industry and hospital and the like. it is making a big move and jumping tenet health care. look at it, 43.95.

government health plan for seniors was proposed, .8 increase in hospital payments. this still on the table but moving tenet health care and hca to a new high. tenet health care jumping 7% so good news there. another good piece of news in the health care industry, we're watching america merck and pfizer. they're working jointly on a new phase two diabetes drug. late stage trials start in late 2013. obviously a there is a need for that as well so back to you. melissa: nicole, thank you very much. lori: living social, a the latest victim in a string of cyber attacks. hackers stealing passwords, e-mail addresses and luckily not credit card info. this encoo get new log-ins and other web sites that are really at risk. what do you need to know to protect yourself from any kind of future cyberattack? let's ask tom kellermann, at

trend micro. 50 million living social customer accounts were compromised. how did it happen, to the best of your knowledge? >> essentially the website was targeted with an attack that allowed them to bureau through the website to the back of the website and get to the database. the lack of attention to the security of website itself. lori: all right. so you brought up a lot of points. let's address the who first. who are the hackers what do they want? ceo told us they don't get to the database and credit card information. what could they do with the passwords and all that information? >> hackers are mostly, many times they're eastern european or latin american in these contexts. they're organized hackers crews that work for organized crime syndicates. they're very much financially motivated. what they can do besides compromising your credentialals and other accounts using passwords because many use the same password over and over again, sell that personal identifying information in the underground economy

itself. for the purposes of not just launching attacks against you but who you do business with as well. you might receive a e-mail with someone you do business with. that link, once you click on it. lori: do they use these so-called hashes and to scramble hackers? they have all the information but unscramble it up. i'm not defending hackers by any means. to your point it shows how advanced these hackers are. so what is the next step in solving this? i guess they are talking about sites using two-factor authentication, such as what google is using? tell me that. >> they need to move to better forms of authentication beyond passwords. they need to fire the security vendor who isn't doing sufficient job protecting them. users need to question who they are doing business with now. in today's environment you need to expect a higher level of security from the organization you do business with. in terms of scrambling

passwords, they use automated tools to decram bell them and at will. it is not such a difficult task. for user. change all the passwords. use phrase, sentences not just words. symbols. update security. lori: ceo of living social e-mailed directly all the millions of subscribers to change your password. how do you know as a hack member that isn't hacking attempt. >> if the reply to and return pass is not the same you'ring with a spoofed e-mail. never download an attachment anything sent to you directly. go directly to the website if it is questioning you for personal information or to change something. it is fundamental we take this very seriously in this very hostile landscape. >> it is a huge threat. i wish we had more time to chat. tom, thank you very much. >> thank you. melissa: for fallout from president obama's affordable care act.

maryland's health care is increasing premiums up to 25%. peter barnes has the story. it is becoming a familiar theme, peter. >> customers should be prepared for sticker shock under obamacare. individuals will be able to start buying policies through health insurance exchanges starting next year. the nation's biggest health insurer, blue cross, blue shield predicting a 30% increase in premiums in tennessee for individuals. 25% increase in maryland already filed for that. it filed for an 18% increase in premiums in rhode island. regulators of course have to review all of this and are not expected to approve increase this is high but blue cross says it needs to cover higher health care costs in general plus obamacare's mandates to expand access to uninsured people and provide certain benefits but rate increases will hit customers differently in different states. the proposed hikes in vermont, for example, are smaller. vermont already had tough health care mandates. increases will be generally

smaller for businesses that provide coverage for their employees. >> when we're looking at impact the reform law will have on premiums we node to recognize there will be huge variation what that impact will look like across the country and even within a particular state or particular community depending who the person is and what type of coverage they have today. >> now a pro-reform group, families usa, the rate proposal in maryland is only a first step in premium-setting process. it predicts final premiums will be considerably lower. care first blue cross has a history, started well before the affordable care act in the past of inflating its proposed premiums. kaiser permanente, the organization notes. by way of contrast is seeking only 4.9% increase. melissa. melissa: we'll hear lot more about that. >> we are. melissa: peter barnes, thank you very much. >> you bet. melissa: the much anticipated blackberry z10 launching internationally. will be strong enough to

retain market share? dennis kneale up next. lori: with the stock market rally underway what is wrong with interest rates? fixed income and the 10-year and 30-year. we're back after this. ♪ [ cows moo ] [ sizzling ] more rain... [ thunder rumbles ] ♪ [ male announcer ] when the world moves... futures move first. learn futures from experienced pros with dedicated chats and daily live webinars. and trade with papermoney to test-drive the market. ♪ all on thinkorswim. from td ameritrade.

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technology but for the year, technology is the biggest laggard among major s&p sectors suggesting that at least some of today's buying reflects bargain hunting by investors. score one for madison square garden. shares are jumping after giving an outperform rating from credit suisse. credit suisse as owner of both sports cable networks and teams, msg is well-positioned to capitalize on the increasing value of premium sports content. boeing's 787 dreamliner completed first commercial flight since the plane was grounded in january. oath yop -- ethiopian alines is first one to return to service. japan's all nippon airways began flights today. that is the latest from fox business, giving you the power to prosper

melissa: welcome back. earlier this hour,

blackberry's ceo thors send hines was weighing in on the controversy around initial z10 sales. we nailed them down after analyst warned returns were outpacing sales. listen. >> i mean we have the statement even from our very valued customer, verizon saying it is within the range. they do their measurements. we do our meshments. we have the data. i well leave it with the process running with the authorities in order to discuss the details on that matter. i will not do this in public as you might understand. melissa: you don't want to tell us what the range is? and are they in many so cases exceeding sales or are they not? >> return rates do not exceed sales? how would that work? you have to return more device than is ever sold. that is mathematically impossible. melissa: in current period of time of on a day you could have more devices coming back in going out, and that is i'm sure what he meant by that that is

certainly possible. >> the sale rate versus return rate. we're watching on this weekly basis with the carriers. as i said, verizon said publicly, it is within the total expected range of returns. melissa: hmmm. bring in dennis kneale. >> it is within the total expected range of returns. melissa: of course. >> privately we expected a 25% return rate and this is coming in 23%. the lack of specialtiesty from a company in trouble is somewhat troubling. if you bought this stock in october, it has doubled to $16. if you owned it two years ago, it was $50 then it had a big tumble. maybe you as a company need to come up and be more forthright. he said we'll not do this in public. right, you will cast aspersions on wall street analysts in public. you say we think he is manipulating stock price and call for sec investigation. you did that in public but you won't provide any real numbers what returns are truly are? i have a bad feeling about

this i'm rooting for the company. i want companies doing well. they have a couple big problems. one thing, that corporate, i-t managers ruled the pda market, right? that is when blackberry was great. consumers and iphone came along and took over the market. it departments said can i do stuff on my own phone? that hurt blackberry really badly. they turned into slick consumer company and campaigns with silly ads. that hasn't worked. go back to the roots of the corporate customer. they're torn between the two. consumer has sexy stuff and corporate and they're trying to have it both ways. melissa: when i look what viewers said since they saw that, they said it was frustrating he wouldn't answer the question. i feel when people come on and seem like they're trying not to answer or they have prerehearsed things they're repeating just makes the audience feel like you have something that you don't want to share with them and those are shareholders out there. >> yeah. melissa: i too have a blackberry. i'm rooting for blackberry.

i love my blackberry but that was off putting within the range. what is the range? >> that is bill clintonesque. depends on what the definition of isis melissa: yeah. melissa: what's the range? >> the returns are 2.1%. returns of our previous products were 2.5%. why not be specific and we'll believe you. meantime though we can sit here and wait. i think if you have a real winner, two things, first of all, you hype it up and you come and tell the numbers. we just shipped the 5 millionth unit. second you do not bifurcate it, dilute the message on the z10, coming out with q 10 couple months later. i think they're totally splitting market. lori: i think he thought by showing up winning battle not of itself, not answering questions. melissa: we want, the viewers want to know answers. i got a billion tweets and e-mails of the questions i asked them and i'm not sure he answered. >> transparency, baby.

melissa: i did my best, i did my best to squeeze those answers out everybody. endid necessary neil, thank you very much. >> thanks a lot. lori: let's check the big board. the dow is up 112 points. triple-digit gains you can see. 15 minutes since the last market check. check in with mark newton on the floor of the new york stock exchange. another day in the green. markets are resilient. what caught my attention is nobody is interested in letting go of fixed income. yields are holding steady and really close to lowe's, right? what is that about? >> been a real divergence in treasury yields and stocks last couple months that is interesting. you see stocks rallying, you see a massive selloff in treasurys. this time there is real bid in treasurys ahead of the fed meeting. everybody is anticipating that the fed will not change policy whatsoever. that is obviously bullish for stocks. i don't necessarily agree with that. we saw stocks peek when they announced quantitative easing. reached anticipation that stocks rallied ahead of meeting and also on the

heels of the fact there is stabilization in europe with yields dropping to new lows and rallies versus the dollar. lori: also statement on concern about the economy? you have more satisfactory data today. we've got another jobs report. march report was dismal, 88,000 payrolls added. this is statement from treasurys. there is disconnect between the broader economy and wall street? >> i think you're absolutely right. do you came in much worse than expected with regard to dow numbers, look at gdp and durable numbers and ongoing disconnect where economic numbers came in much worse than expected but equities still rally. s&p will make new daily closing high, all-time high above 1593.37. nasdaq 100 will close at highest level since october of 2000. that is interesting. lori: thanks for the conversation. mark newt tan. >> thanks. melissa: we can breathe easily, airports are back up and running.

what about the 12 million americans still struggling to find work? lori: "wall street journal's" steve moore is here next to refocus washington's priorities. he wrote a ink is iting editorial. we'll talk about it next. let's take a look at some of the winners and losers on the nasdaq. back in a moment. this is $100,000. we asked total strangers to watch it for us. thank you so much. i appreciate it. i'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money? if your bank takes more money than a stranger, you need an ally. ally bank. your money needs an ally.

lori: welcome merges air traffic is returning to normal across the country as faa ends air traffic controller furloughs. congress acted quickly to address the problem but our next guest questions why the congress is not working

quickly to find jobs for 12 million americans. they stopped delays even with a typo in the legislation. >> amazing stuff. by the way what happened last week on the air traffic controllers i think is a big story lori, because i think you will see a lot more of this in the weeks and months ahead as the sequester gets tighter and tighter and you're going to see other agencies saying wait a minute, we don't have enough money to keep open yosemite national park and nih will say, we'll have to stop our cancer research and thinks like this. i think you will see these skirmishes between the white house and congress over the next couple months. it will be interesting to see whether they find resolutions like what happened last week where ultimately i think the president blinked and said, okay, we'll reassign money from agencies that don't need the money and give it to the air traffic control system. lori: why is the furlough turning out to be or should say, more broadly, the sequestration in itself, turning out to be a such a

bad thing? why is the president demonizing it. >> that is easy question, lori. because he wants to spend money on these programs. this is a classic example of where the you know, the president agreed to these spending limits, remember two years ago when we had the big debt ceiling negotiations and now the left is saying we can't live with these. so this is, this is a big pr many campaign that is just beginning by the white house to say we've got to turn this thing off. we don't have enough money for our favorite programs. the republicans right now are sort of playing it smart in my opinion. they're sitting back, wait a minute, you agreed to this. this is what you have to do to bring the deficit down. we can live with the sequester. that is where the battle lines are drawn right now. >> it is frustrating to average americans, right, steve? we said it in the introduction. 12 in million people likely get a slight improvement in payrolls added in latest month come the end of the week. >> right. lori: but still, just so frustrating, once again for

average americans and almost like the president, congress and themselves are out of touch with that? i'll let you comment. show you poll results. >> well, first of all, obviously everybody is frustrated with the high unemployment rate and everyone knows a family member or friend who can't find a job. this is something that up to us all. i guess the point i would make, lori, these reductions in government spending are a good thing for the economy. they're freeing up resources, that can be used by private businesses to expand their business. it is interesting, isn't it? the stock market has gone up a lot since the sequester began. what it is showing, lori, finally there is some seriousness about bringing these enormous levels of federal borrowing down. on balance, it may not be the best way, lori to cut spending but right now it is only game in town. lori: you made a great point. why doesn't the president use that line of thinking, in terms of spending cuts or good helping businesses grow and hire workers. i mean handling of job creation, fox news's latest

poll, 51% of the americans disapprove, which is actually unchanged from a year ago. so, again, is the president -- >> 51% disapprove of what? lori: how the president and the administration are handling job creation. >> well, how can anybody be, favorably inclined towards that? you're right. if you count, by the way, lori, you're underscoring numbers because actually the number of unemployed people is closer to 20 million when you consider people who can't find full-time job or people that dropped out of the labor force. it is a missable jobs record right now. the republicans need to make the case in congress, not only do you need to get the debt down but do positive things for job creation. i would start with one thing. i would suspend some of these obamacare regulations that are really holding back employers from hiring new workers right now. you talked about this, lori. if you hire more than 50 workers you get clobbered with all the new

regulations. lori: steve, hey, the show will end. we could talk to you hours on end. great to share your thoughts. >> great to be with you guys. melissa: coming up tonight on "money", patrick will join us on gold. i guess we're not doing that. okay, go ahead. lori: that is what is coming up on "money" tonight. he is the chairman and ceo of earn. i will definitely be -- eastern. i will be watching for that. market is coming up 100 points. tracy and ashley will guide you through the next hour of trading here on fox business ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800shares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing.

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>> welcome back, i'm ashley webster. >> i'm tracy byrnes dow is up 117 points. moving toward the 15,000 mark. steve woods is here and he

will tell us how he is playing this market right now. ashley: the latest record set back on april 11th. every day a new record high. automatic spending cuts, cutting deficit for now but potomac research group greg val asays the real battle is over government spending. what americans can learn from europe. tracy: don't do what we do. our special report, small business, big ideas. today you will meet the ceo of a trampoline park who more than doubled its locations in the last two years. so cool. my daughter said the other day, we need a trampoline in the backyard. >> up and down business. [laughter] >> time for look at stocks. old and oil start the week in the green. nicole petallides on floor of the new york stock exchange. sandra its smith is in the pits of the cme. let's start on the floor with. >> we're keeping close eye

on markets hire. exciting for the bulls as they watch the s&p 500 sitting at 1596. if it were to close at these levels, it actually would surpass the record closing high, all-time closing high on april 11th. we'll see whether or not we actually hit that milestone by the end of the close of business today. tech-heavy nasdaq composite is the best of the bunch, up one full percentage point. the dow not too far up also, up 1.9%. as far as the dow jones industrial average, most of the names on the dow have up arrows, shows you whether banks or drugs or we're seeing all up arrows. so technology certainly has led the way. i noticed microsoft and ibm and hewlett-packard are doing well. microsoft is of course unveiling xbox on the 21st. alcoa, disney, dupont, cisco intel. we'll watch materials. materials very interesting to watch those. as i speak to traders they talk about the fact earnings season is underway. earnings per share have come in. revenues are light. that comes from energy and

materials and the like. so that is one concern. you've seen the run-up here ahead of big news later in the week. that is the latest news from the stock exchange. ashley:. tracy: nicole, see you in 15 minutes. ashley: gold and oil are soaring today, both up more than 1%. sandra smith in the pits of the cme with a today's trade. sandra. >> hey ashley and tracy. gold, oil, gains everything is going up here at cme along with the stock market. oil prices topping $94 a barrel. in fact at 94.5, up a full dollar 50 on the session, continuing last week's gains. we got first week of gains for oil in many last week. well that bullishness continuing today. there is overarching theme down here on the floor right now. that is speculation that central banks around the world will continue their easy monetary policies. their easy money policies. they will continue to devalue the u.s. dollar and pump commodity prices higher. that is playing out in gold

prices. look at gold, 1470 a troy ounce. up another $17 on the session. we got first weekly gain in five last week. those bulls continuing in today's session. despite downgraded price forecasts from two big banks. ubs as well as hsbc, lowering their gold forecasts for the year. still forecast higher than where we are today. by the way, guys a huge rally in the fwran trading room. corn prices up 6%. soy up 6%. wheat prices up 6%. warmer temperatures in major corn-growing regions right now. there are forecasts in the next several days for colder than normal temperatures and, guys, we're dealing with a lot of rain, a lot of wetland. it is hard for farmers too plant. those skyrocketing grain prices helping farm equipment stocks today. that is where the trade is in the stock market. buy stocks like deere, agco, anybody that sells the big

farm machinery equipment, when grain prices go up, there is expectations that farm income will go up and farmers may purchase new equipment. those stocks doing very well in the stock market today. back to you guys in the studio. ashley: makes sense in theory. we'll see. sandra at the cme. thank you so much. appreciate it. tracy: let's talk about more what it going on with our earnings season. companies are reporting disappointing top lynum members this morning. they still manage to squeeze out profits. markets are near record highs. are they getting ahead of themselves? steve wood, chief market strategist at russell invests here. we've been saying this --. ashley: day after day. tracy: no top-line growth. earnings keep growing. they keep squeezing blood out of a stone. how does it keep happening? >> cost controls are name of the game. earnings numbers are coming it in line and depending what your estimates were, reasonably impressive. revenue top line is going to be a little more challenging, so from our perspective security selection,

case-by-case, name by name selection process. active management will be more important. in a challenging environment, economy is not growing great. in a challenging environment you want to pick and select specific names that can do better. ashley: steve, as we head out of earnings season we turn into may later on this week. can't believe it is already may. are markets more sensitive to economic data and which direction do they go? >> i think they are sensitive to big changes in the economic data. united states we're talking about consumer this morning came out doing better than expected. so the data are choppy. gdp comes in a little bit light. consumer spending does better. ashley: yeah. >> they're chopping in the low 2%s probably for a year in 2013. maybe higher for 2014. i don't think european news out of britain or europe will be all that good. europe is in recession. china decelerating. that means the relative play, the quality, relative strength is in u.s. of a. tracy: yet it is not good,

right? we saw business investment down in the gsp numbers, right? >> uh-huh. tracy: if consumers are buying where are they buying? if you're seeing negative revenue growth out of corporations, we heard potentially could be black market purchases but nevertheless we're not seeing this money come into our system. >> doesn't necessarily need to be negative revenue growth. could be decelerating revenue growth. that could be enough to make markets a nervous in the big deceleration in the rate of growth. i think if you're looking in the united states, it is relative, adjusted for inflation which is relatively low. right now the federal receive has no incentive to take their foot off the is being accelerator. gas will be on in the u.s. the european central bank will have to begin a qe sometime. they will get it right. the bank of england imported canadian. they will do aggressive qe. japanese, numbers out of japan were large. they were large. they were historic. these are nontrivial things. we're at beginning of liquidity cycle. that is undergirding some of

this market. ashley: look at talking points, steve. with regard to playing this market. you say quote, we're security selection and active management in a multiasset solution. sounds like a great plan. explain to what the investor you're talking about. >> take the entire portfolio, people look at little slices how equities are doing or look at bonds versus equities. at russell we say take the entire multiasset strategy. looked a fixed income, look at equities look at cash, real assets, commodities, emerging developed and active management picking better security within that and get efficient training. when you manage that entire portfolio, manage that risk we think that increases odds for extended period of time hitting outcomes. every basis point will count. you need to manage that actively and tend that garden very, very carefully over an extended period of time. that is multiasset. tracy: what are you looking at in the united states if we are the less ugly, whatever we are? ashley: best of the worst. >> best of the worse?

losing ugly competition or ugly pageant. in the united states we're still looking at equities. there is very defensive tone to this. investment has gone into equity space. someone is trying to replace fixed income of component of a portfolio. very defensive and dividend driven. that is more pricely. russell 2000 is 943, 944. that is ticking close to all-time highs. leading into okay economy. pick better stocks and get better revenue lines. extend out the time horizon, discipline, multiasset and get it right on volatility. tracy: sound like too much work these days, steve. >> always has been. tracy: steve wood, russell investments. ashley: steve, thank you very much. president obama expected to select charlotte, north carolina, mayor, anthony foxx as his new transportation chief. rich edson is live at the white house with more on the president's new nominee. >> just a couple minutes, the president will make the new announcement. anthony foxx, mayor of

charlotte. known for bringing transportation and infrastructure projects to his city. shifting department of transportation, ray lahood, focused on safety, texting while driving to infrastructure projection. take a look. he wants $4 billion additional dollars for department of transportation fund. $50 billion up front in additional infrastructure projects. $40 billion over five-year period for additional rail projects and one billion for a new traffic control system. this is up for a senate nomination and confirmation. a process will begin once the president makes his initial confirmation here or recommendation here to the united states senate. we expect that to happen in just a minute or some back to you. ashley: let's listen in. >> everybody have a seat. good afternoon, everybody. ray lahood has said that

being the secretary of transportation is the best job he ever had in public service. and that's fitting because ray may be the best secretary of transportation that the nation's ever had from the day that he was sworn in, ray has fought tirelessly to rebuild america's infrastructure, creating good jobs, strengthen the economy, and allow us to better compete in the global economy. over the past four years thanks to ray's leadership we built or improved more than 350,000 miles of road. and up enough to circle the world more than 14 times. we've upgraded more than 6,000 miles of rail. enough to go coast to coast and back. we've repaired or replaced more than 20,000 bridges. and helped put tens of thousands of construction workers back an the job. and that's all due in no small part to ray lahood's

leadership. so every american can thank ray for his dedication to make our transportation system not just stronger but also safer. when it comes to his focused attention on the dangers of distracted driving for example, it is saving lives. and on a personal note, ray lahood has been a good friend of mine for many years. before he served in my cabinet and we served together in congress. he is a republican. i'm a democrat. these days that sometimes keeps folks apart but what always brought ray and i together was a shared belief that those of us who serve in public service oh their allegiance not to party but to people who elected them to represent them. and it helps that we're from the same state. ray's from peoria. i'm from chicago. we both love the state of illinois and, you know, we both get out there on the

golf course and we're not that good but we don't take ourselves too seriously. you know, he is a good man and has been an outstanding public servant and a model for the kind of bipartisan approach to governance that i think we need so badly in this town. so, ray, on a personal level i could not be more grateful to you for your service and -- [applause] now, unfortunately for us but fortunately for them ray is now looking forward to spending more time with his wife cathy and their family especially a whole gaggle of grandchildren. and so today i'm proud to announce my intent to

nominate another impressive leader to carry on his great work at the department of transportation, the mayor of charlotte, my friend, from north carolina, mr. anthony foxx. [applause] anthony's life reflects the values he learned growing up in west charlotte where he was raised by his single mom and his grandparents. i should add, by the way his grandmother is here and she informed me she worked here in the white house in the truly man administration. so, she is just coming back to, just coming back for a visit. [applause] and, so the values that they instilled in them was to take pride in hard work,

take responsibility for your actions, to take care of your community and over the past 3 1/2 years those values helped anthony become one of the most effective mayors that charlotte's ever seen. when anthony became mayor in 2009, charlotte, like the rest of the country was going through a bruising economic crisis but the city's managed to turn things around. the copy is growing. there are more jobs, more opportunity and if you ask anthony how that happened, he will tell you one of the reasons is that charlotte made one of the largest investments in transportation in the city's history. since anthony took office they have broken ground on a new streetcar project that will bring modern electric tram service to the downtown area. they have expanded the international airport and they're extending the city's light rail system. all of that has not only helped create new jobs, it helped charlotte become more attractive to business. so i know anthony's experience will make i am an outstanding transportation

secretary. he has the respect of his peers, mayors, governments across the country. as a consequence i think he will be extraordinarilily effective. one thing ray taught me in watching him do his job in establishing personal relationships with mayors and governors and county executives makes all the difference in the world because transportation is one of those things that it's happening on the ground and, the federal government has to be responsive and has to understand what it's like when you're a mayor or a governor or a county executive trying to get these projects up and running. which also means we have the potential of continuing to streamline our approvals, get rid of sometimes difficulties in permitting that slow projects down because we want to get people back to work and we can't to -- want to get this country moving i'm confident anthony will do outstanding job and i want to thank his

mom and grandmom and lovely wife and two good-looking kid for being willing to serve as well. and i hope that the senate confirms him quickly because we've got a lot of work to do. our top priority as a nation right now is doing everything we can to grow our economy and create good jobs and rebuild opportunity for the middle class and one of the best ways we can do that is put more americans back to work rebuilding our infrastructure. so that's why in my state of the union address i proposed a fix it first program, to put more people to work as soon as possible on our most urgent repairs. and to make sure taxpayers don't shoulder the entire burden i also proposed a partnership with the private sector, but congress has to step up, fund these projects. they need to do it right away. we need to modernize the infrastructure that powers our economy. we need more high-speed rail and internet and high-tech schools and self-healing power grids and bridges and tunnels and ports that help us ship products all around the world stamped with three

proud words, made in america. that is how we'll attract more businesses. that is how we'll create more jobs. that is how we'll stay competitive in this global economy. so to ray lahood and his entire family i want to thank you for just doing an extraordinary job. for anthony and his family, i want to thanks you guys for agreeing to serve. i know that today's announcement is not the biggest thing that anthony's family has got going next week because tomorrow's anthony's birthday. so we're happy that we can kick off the celebration here at the white house. and with that, what i would like to do is ask both of them to say a few words starting with our outstanding current secretary of transportation, mr. ray lahood. [applause] >> thank you. ashley: you have just been listening in as president

obama there saying his good-byes to current secretary of transportation ray lahood. he has been on the job by the way since 2009, and nominating anthony foxx to take over the job. anthony foxx is the mayor in north carolina and has been for some time. he is a lawyer and considered and up-and-comer. he got a lot of play when the democratic convention was held in charlotte last year. that is where his name and stock value went up. tracy: north carolina is swing state. ashley: it is. tracy: nice to have placement in the white house from --. ashley: needs to be confirmed of course. tracy: there is that. we'll head down to nicole petallides on the floor of the new york stock exchange where we go every 15 minutes. nicole, you're looking at tech? >> that's right. there are some hot stocks to watch on a day where you see the tech-heavy nasdaq up over a full percentage point. let's kick it off by taking a look at apple, good ol' apple. all shareholders were begging the thing to go through 400 and done so. it is jumping lately at 432

right now. the latest they're filing for a potential debt offering. the size of that is not disclosed according to the sec filing. they're asking goldman sachs to organize meeting with bond investors. they obviously have a lot of cash on hand but may need more. they have buybacks and dividends and heard rumblings of stock splits so that is one we're watching today. back to you. ashley: thank you, nicole, we'll check back in with you while the dow is continuing onward and upwards movement. tracy: not paying attention to anything. ashley: nothing. tracy: no surprise the faa furloughs are done. will there be anymore exemptions for automatic spending cuts? greg valliere will weigh in on that. ashley: we'll look how the u.s. dollar is moving against the currencies. guess what? the dollar is down against them all. the euro up again. the pound at 1.55. wasn't that long ago it was down to 1.50.

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ashley: washington's quick fix for the faa furlough is raising the question whether anymore sequester exemptions are on the way. joining us now to discuss, greg valliere of potomac research group. greg, thanks for joining us.

>> sure, we got the jobs report again for april coming out on friday. march was horrendous. we had added just 88,000 jobs. if we have a bad number will that start debate that has been going on in europe for years can you actually enact austerity measures at a time when the economy is struggling to gain traction? >> absolutely. i think the debate will intensify greatly if there is soft number on friday. look at gdp last friday. a weaker than expected number, lower than the quarter before, largely because of washington because we're cutting spend drag mat i canly. ashley: that brings up exemptions as we mentioned in the intro to this. the faa being furlough on air traffic controllers brought to an end on congress. who is next in line? how does that play out do you think? >> i think there is big focus on nih, national institutes of health which are doing lots of tests. cancer patients who are

involved. american cancer society issued a very strident comment a day or so ago saying that people will die if the programs are cut. look at head start. meals on wheels, there are a lot of worthy candidates that may be next in line. ashley: so what way forward here in your opinion, greg? listen, it is a difficult one, isn't it? you say the plunging deficit will weaken already shaky resolve to trim entitlement programs? >> i think one of the least appreciated stories in america today is the how dramatically the deficit about to drop in dollar terms and especially as a percentage of gdp. so everybody will be aware of that by this summer and by the fall. so that could further weaken support for, let's say changing the cola on social security. it could weaken support for any new tax increase. so i think the climate is beginning to change as people realize that maybe too much deficit reduction

is not a good idea. ashley: interesting, isn't it? so with regard to tax reform, i mean we talk about it all the time. washington does, nothing gets done. >> yeah. ashley: in this environment, tax hikes is it really a good thing to do where we're struggling to get the economy moving? >> i agree. i don't think it's a good idea at all. like you i hear all the time, tax reform, tax reform. i just don't see it for two reasons. number one, the house would never agree to tax reform that actually raises revenues and de facto tax hike. and number two, there is no agreement. if you kill every single deduction, home mortgage deduction, for individuals, accelerated depreciation for business, i'm not sure you can get a bill through with all of these sacred deductions being killed. ashley: seems like we're just stuck in this cycle, aren't we? we'll hear fort fed on wednesday. we'll hear more of the same. they're not seeing any significant improvement in the unemployment rate so they will keep pumping money into the system. it is hard to see an end to all of this.

>> you know i think, ashley one of the reasons i think the market is doing so well especially today increased focus on the fact that fiscal policy in washington is pretty tight. the deficit is coming down. monetary policy is incredibly loose and will stay that way. that is not a booed combination for the markets. ashley: how much is making its way down to small business and ad consumers? >> good point. it is really making a difference where ben bernanke wants to make it a difference is the equity market. as long as stocks do well help with consumer sentiment and lead to more spending. ashley: housing market shows signs of life but not moving as fast as people would like. >> you're absolutely right. everything is moving slowly. i think the fed is aware of this. i personally think, ashley, that the qe3 continues for the rest of the year and they're not going to cut it by a penny. it will stay at 85 billion a month through the end of this year. ashley: market going to continue to love it i think. >> yeah. ashley: greg, thank you so

such for joining pause tomac research group. we appreciate your comments. >> you bet. tracy: you're right, we're not feeling that trickle into the economy. ashley: not at all. tracy: still ahead, a lifeline for struggling retailer jcp. really? we're going to tell you who is coming to the company's rescue and whether it is too little too late. ashley: look at some of today's winners and lose others on the s&p 500. moody's is on there. hmmm. look at the others. we'll be right back.

♪ tracy: let take a look at your dow 30. we have 90 minutes until the close. we head down to nicole

petallides on the floor of the new york stock exchange. nicole: we are taking a look at that major market. the s&p continues to challenge its all-time closing high. the s&p 500 is up right now. the nasdaq is up almost 1%. the market is off of the highs today. posting some serious of arrows. want to bring you over to herbalife. there it is right now. it is up about .5% at the moment. if you follow this story, you know that it has certainly been all over the place. tracy: thank you, nicole. ashley: a much needed cash

infusion from goldman sachs to jcpenney. gerri willis joins us now. gerri: we have been talking about jcpenney four weeks. losing $400 million. goldman sachs giving them a loan. wall street changing its mind about this retailer. the power of the brand is something that i cannot state here. hey, maybe i should have a little confidence in this company. you know, we will have to wait and see. people were very suspect of the company after they went from everyday low pricing back to sales and switched their mind several times. ashley: you set the brand is really strong, but it struggled.

gerri: once your name is that well-known with customers, it takes a lot to blow it forever. tracy: i think, i am curious to know what goldman sachs rationale was. what do they know about the retail world that we do not? gerri: and what does george soros no that what we do not? tracy: i do not know if i could sell this to my kids. gerri: well, it is an open question, i said.

you are probably aware of the consumer financial safety board. they will be grilled in front of congress tomorrow. ahead of that, we will examine an issue that kind of blew my socks off. a congressman said that consumer financial safety board is telling lenders, making auto loans, that if you do this, they will not know your race or sex when you apply for that loan. now, they are saying you have to guess at it. they want to see if they are making traction against some of the requirements for lending. the same outfit, which was supposedly watching out for us,

they are gathering the biggest database for american consumers on the planet. there is something going on over there. tracy: it is so weird. ashley: gerri, thank you very much. do not miss "the willis report" tonight at 6:00 p.m. and 9:00 p.m. eastern time right here on fox business. tracy: bringing together really influential decision-makers from around the world. that is where we find our very own liz claman. liz: welcome to the heart of beverly hills. this is not boring. you are looking at their ground zero area where everyone has to

come in. this is the registration area. everyone from bill gates, the world's richest man, to senator harry reid. there are all kinds of speakers coming through. they participate in 140 sessions. guess what, a lot of the gospel, right here to our area. this is wwere fox business will be broadcasting for the next several days. we will also be speaking to peter lowy. he has 400 million shoppers

going through his stores globally. we will find out what he is really seeing. we have jeff green as well. here is the inside scoop. i just heard barry say that he is a genius. you are getting a lot of that great gossip. tracy: that is awesome stuff, liz claman. we will be watching you right here at the top of the hour on fox business. ashley: all of the movers and shakers, including liz claman. we will be talking to the ceo of sky zone. that is an indoor trampoline. of 10% just in the last year. tracy: let's take a look at your

ten and 30 year treasuries. the dow is up 30 points. we will be right back. ♪

♪ >> i am lori rothman with your fox business brief. stocks are on the rise today.

amazon could be facing a first strike in germany where warehouse workers looking for better benefits and pay have vowed to strike. nissan is recalling sedans. their spare tires could be over or under inflated. dealers will inspect the tires and adjust the pressure for free. that is the latest from the fox business network. giving you the power to prosper. ♪

ashley: keeping an eye on these

emerging markets for you. the s&p getting close to an intraday high. right now at 1595. 1593 is a record close on the s&p. tracy: our next guest kind of bounced his way in. jeff flock, ceo of sky zone is here. thank you for being with us. we love hearing about people who kind of failed the first time. you thought trampoline would be a sport? >> we did. we thought we could invent a new sport.

tracy: it did not work, but you realize that trampolines and kids are like peanut butter and jelly. you cannot get more fun and productivity out of the two together. >> right. everyone grows up jumping up and down. everyone likes being free from earth gravity. tracy: you have these trampoline indoor parks now. as a mother, i am looking at them thinking, dear guy, what is the insurance liability on these? >> we have tried making jumping on a trampoline as safe as it possibly can be. tracy: how many more of these do you have in the works? >> we should have six seymour parks opened by bit and of the

year. it is a really big project to open one of these parks. we really want to expand across the world rather quickly. there are a lot of great people who help us innovate and grow the business model. tracy: do you help them with the initial outlay? anywhere from 800o -- >> some people do local financing. some people have partnerships. we get pretty involved in the financing process. tracy: you need to come to new

jersey. there are a lot of kids that would like to bounce around on a trampoline. thank you. ashley: time for stocks now as we do every 15 minutes. it has been a big week. we have a jobs number on friday. >> the dow has had five straight months of gains. it is pretty resilient. amazingly, 17% since the mid- november lows. there are a couple that have not followed suit. transports, russell 2000, not at new highs.

there is a little bit of a divergence. there is a certain bit too treasuries ahead of this week's fed meeting. that being said, we continue to see signs of resilience. the one thing you can point to that is a positive, obviously, is price. we are also seeing european stabilization. the combination of those two things makes it important to be invested. ashley: very interesting stuff. thank you very much. italy has a new government, at least for this week. tracy: he makes a great point. something to watch.

we have a big money battle over michael jackson's death. fox news senior analyst judge napolitano is up next. ashley: first, take a look at today's winners and losers. we will be right back. ♪ this is america.

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♪ ashley: breaking news. continuing to follow the s&p.

1595. the record at 1597. that was the back on april 11. we are very close to hitting another all-time high. tracy: all right. this story is making me sick. billions of dollars at stake in the michael jackson wrongful death case. joining us now is fox news senior judicial analyst judge andrew napolitano. they are saying it was forced upon him. he did not ask for the drug and now all of these people will say that michael jackson did not want this to begin with.

>> yes. they had a contract with michael jackson. michael jackson's heirs will say they forced doctor murray on him. they hired that you're murray knowing he would give the patient whatever he wanted. as a result, aeg should pay the jackson ayers what michael would have earned if he were still alive. the eg's argument is, wait a minute, michael jackson was killed by somebody who was convicted of homicide. by the way, we did not hire him. michael hired him. we did not tell them what drugs

to put it michael. michael told them what drugs to put it michael. two sets of arguments that will play out in front of a los angeles jury. ashley: does this go to the jackson kids or the jackson family? >> michael's mother, mrs. joe jackson and his children. if any money is obtained, it will be split equally. unless the grandmother claims more, i am smiling because she has some pretty good skills when it comes to attaching herself to michael's wealth. the court will have to decide. tracy: i find the whole thing interesting. we heard a whole lot about how michael is requesting medication and drugs to get him through.

we heard this. what kind of evidence do we have? it is all hearsay. >> i know there are plenty of notes. there are medical records. they were admitted in the criminal case. there are a ton of medical records here. remember, another jury, another jury convicted doctor murray. that is homicide. that is a very high bar that the prosecutors were able to reach in that case. on the other hand, there is a certain level of personal responsibility. michael is a towering figure. he was in bad health right before his death. this company is paying you $150,000 a month in order to take care of me.

if i do not go to sleep tonight, i cannot perform tomorrow, so put me to sleep. unfortunately got it put him to sleep forever. ashley: judge, making very much. tracy: hollywood comes to the courtroom. ashley: judge, thank you very much. liz claman will take us to the last hour of trading. she is in los angeles. "countdown to the closing bell" is next. ♪ ded experiences really mattered... you sugsted luxury car service instd of "strength training with patrick willis." come on todd! flap them chicken wings. [ grunts ]

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♪ liz: --

>> the best of the best. all at the milken institute conference in los angeles. all coming up. which investor will be licking its wounds today? earnings come out after the bell. the hottest real estate markets in the country. are you one of the lucky ones? is there still time to get in on the action? ♪ liz: live from beverly hills at the beverly hills hotel. now, it is the stomping ground of the milken 2013. the greatest gathering of the wealthiest and smartest people.